When Is a Bilateral Contract Revocable?
A bilateral contract is a legal agreement between two parties in which both parties agree to fulfill certain obligations. These obligations are typically reciprocal, meaning one party`s actions are dependent on the other`s.
However, there may be instances where one party wishes to revoke or cancel the contract. This raises the question: when is a bilateral contract revocable?
Mutual Consent
The most straightforward answer is that a bilateral contract is revocable only by mutual consent of both parties. In other words, both parties must agree to cancel the contract.
For example, let`s say you enter into a contract with a contractor to build a new deck for your house. If both parties agree to cancel the contract before any work has begun, then the contract is revocable.
Material Breach
Another situation where a bilateral contract may be revocable is if one party breaches the contract in a material way. A material breach is a significant violation of a contract that affects the core purpose of the agreement.
For example, let`s say you hire a caterer for your wedding reception. If the caterer fails to show up on the day of the event, that would likely be considered a material breach of the contract. In this case, you would have the right to cancel the contract.
Doctrine of Frustration
The doctrine of frustration is another situation where a bilateral contract may be revocable. This occurs when an unforeseeable event makes it impossible for one or both parties to fulfill their obligations under the contract.
For example, let`s say you hire a venue for your wedding reception, but a natural disaster occurs and the venue is destroyed. In this case, the doctrine of frustration may apply, and the contract may become revocable.
Conclusion
In summary, a bilateral contract is typically revocable only by mutual consent of both parties. However, there are situations where a contract may be revocable due to a material breach or the doctrine of frustration. It is important to understand these concepts to ensure that your contracts are enforceable and protect your interests.